ASHRAF, AHMED, MALIK,& MOHAMMED v HMA

High Court of Justiciary - Appeal against sentence.

Today the Appeal Court allowed each of these appeals and quashed the sentences imposed. In respect of the first and second appellants the court substituted sentences of 14 months detention and in respect of the third and fourth appellants sentences of 16 months detention. The sentences in respect of the first, second and third appellants will run from 3 March 2010 and in respect of the fourth appellant from 30 March 2010.

Taking into account the circumstances of the offence and the personal circumstances of each of the appellants the court reached the conclusion that the sentence selected by the sheriff in each case as a starting point was excessive, particularly the starting point chosen for the third and fourth appellants. The court decided that the starting point, before applying discount, in the case of the first and second appellants should nothave been inexcess of 18 months and that for the third and fourth appellants in excess of 20 months.